HF 94

4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; establishing penalties 
  1.3             for gross overlimit violations of fish and game laws; 
  1.4             setting certain restitution values; providing criminal 
  1.5             penalties; amending Minnesota Statutes 2000, sections 
  1.6             97A.225, subdivision 1; 97A.255, by adding a 
  1.7             subdivision; 97A.421, subdivision 5, by adding a 
  1.8             subdivision; 97C.505, by adding a subdivision; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 97A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 97A.225, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [SEIZURE.] (a) An enforcement officer must 
  1.15  seize all motor vehicles used to:  
  1.16     (1) shine wild animals in violation of section 97B.081, 
  1.17  subdivision 1; 
  1.18     (2) transport big game animals illegally taken or 
  1.19  fur-bearing animals illegally purchased; or 
  1.20     (3) transport minnows in violation of section 97C.501, 
  1.21  97C.515, or 97C.525.  
  1.22     (b) An enforcement officer must seize all boats and motors 
  1.23  used in netting fish on Lake of the Woods, Rainy Lake, Lake 
  1.24  Superior, Namakan Lake, and Sand Point Lake in violation of 
  1.25  licensing or operating requirements of section 97A.475, 
  1.26  subdivision 31, 32, 33, or 37 30, 97C.825, 97C.831, or 97C.835, 
  1.27  or a rule of the commissioner relating to these provisions.  
  1.28     (c) An enforcement officer may seize all motor vehicles, 
  2.1   including boats and motors with their trailers, that are used to 
  2.2   take, possess, or transport a first or second degree gross 
  2.3   overlimit of wild animals under section 97A.338. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 97A.255, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 5.  [GROSS OVERLIMIT; JOINT AND SEVERAL 
  2.7   LIABILITY.] When two or more people aid, advise, counsel, 
  2.8   conspire with, or act in concert with each other to unlawfully 
  2.9   take, transport, or possess one or more wild animals, each 
  2.10  person is jointly and severally liable for the wild animals for 
  2.11  purposes of: 
  2.12     (1) gross overlimit violations under section 97A.338; 
  2.13     (2) license seizure and revocation under section 97A.420; 
  2.14     (3) equipment and property seizure under section 97A.221; 
  2.15     (4) motor vehicle and boat seizure under section 97A.225; 
  2.16  and 
  2.17     (5) restitution under section 97A.341. 
  2.18     Sec. 3.  [97A.338] [PENALTIES RELATING TO GROSS OVERLIMITS 
  2.19  OF WILD ANIMALS.] 
  2.20     Subdivision 1.  [FIRST DEGREE OVERLIMIT VIOLATION.] A 
  2.21  person who takes, possesses, or transports wild animals over the 
  2.22  legal limit, in closed season, or without a valid license, when 
  2.23  the restitution value of the wild animals is $5,000 or more, is 
  2.24  guilty of a first degree overlimit violation. 
  2.25     Subd. 2.  [SECOND DEGREE OVERLIMIT VIOLATION.] A person who 
  2.26  takes, possesses, or transports wild animals over the legal 
  2.27  limit, in closed season, or without a valid license, when the 
  2.28  restitution value of the wild animals is at least $1,500 but 
  2.29  less than $5,000, is guilty of a second degree overlimit 
  2.30  violation. 
  2.31     Subd. 3.  [THIRD DEGREE OVERLIMIT VIOLATION.] A person who 
  2.32  takes, possesses, or transports wild animals over the legal 
  2.33  limit, in closed season, or without a valid license, when the 
  2.34  restitution value of the wild animals is more than $500 but less 
  2.35  than $1,500, is guilty of a third degree overlimit violation. 
  2.36     Subd. 4.  [GROSS MISDEMEANOR.] A violation under this 
  3.1   section is a gross misdemeanor. 
  3.2      Subd. 5.  [VALUES FOR WILD ANIMALS.] The restitution value 
  3.3   for a wild animal under this section and section 97A.420 is the 
  3.4   value established under section 97A.345, if specified, or the 
  3.5   value determined by the court under section 97A.341, subdivision 
  3.6   4, if the value is not specified according to section 97A.345. 
  3.7      Subd. 6.  [VALUES FOR MINNOW DEALERS; PENALTIES.] (a) For 
  3.8   purposes of this section and sections 97A.420 and 97A.421, game 
  3.9   fish not over four inches in length are defined as 
  3.10  "fingerlings," and the restitution value of each fingerling is 
  3.11  $1.  The restitution values under subdivision 5 shall not be 
  3.12  used when the fish are identified as fingerlings. 
  3.13     (b) A licensed minnow dealer or aquatic farm licensee who 
  3.14  unlawfully takes, possesses, or transports 5,000 or more game 
  3.15  fish fingerlings is guilty of a first degree overlimit violation.
  3.16     (c) A licensed minnow dealer or aquatic farm licensee who 
  3.17  unlawfully takes, possesses, or transports at least 1,500 but 
  3.18  fewer than 5,000 fingerlings is guilty of a second degree gross 
  3.19  overlimit violation. 
  3.20     (d) A licensed minnow dealer or aquatic farm licensee who 
  3.21  unlawfully takes, possesses, or transports more than 500 but 
  3.22  fewer than 1,500 fingerlings is guilty of a third degree gross 
  3.23  overlimit violation. 
  3.24     (e) A licensed minnow dealer who unlawfully takes, 
  3.25  possesses, or transports 500 or fewer fingerlings is guilty of a 
  3.26  misdemeanor or petty misdemeanor as provided in section 17.4998 
  3.27  and is not subject to the gross overlimit provisions of this 
  3.28  section and sections 97A.420 and 97A.421. 
  3.29     Subd. 7.  [COMMERCIAL NETTING OPERATIONS.] (a) Incidentally 
  3.30  taken game fish, from lawfully set and tended commercial nets, 
  3.31  cribs, and bags, must be immediately returned to the water or 
  3.32  tagged in accordance with section 97C.835, subdivisions 4 and 8. 
  3.33     (b) Game fish unlawfully taken, possessed, or transported 
  3.34  are subject to this section and sections 97A.420 and 97A.421. 
  3.35     Sec. 4.  [97A.420] [SEIZURE OF LICENSES FOR GROSS OVERLIMIT 
  3.36  VIOLATIONS.] 
  4.1      Subdivision 1.  [SEIZURE.] (a) On certification by an 
  4.2   enforcement officer to the commissioner of natural resources 
  4.3   that probable cause existed to believe wild animals were taken, 
  4.4   possessed, or transported in violation of section 97A.338, the 
  4.5   enforcement officer shall immediately seize the license of a 
  4.6   person who unlawfully takes, transports, or possesses wild 
  4.7   animals when the restitution value of the wild animals exceeds 
  4.8   $500.  Except as may be determined under subdivision 2, 4, or 5, 
  4.9   the person may not obtain any license of the same type, 
  4.10  including a duplicate license, until an action is taken under 
  4.11  subdivision 6. 
  4.12     (b) In addition to the license seizure under paragraph (a), 
  4.13  if the restitution value of the wild animals unlawfully taken, 
  4.14  possessed, or transported is $1,500 or more, all other game and 
  4.15  fish licenses held by the person shall be immediately seized.  
  4.16  Except as may be determined under subdivision 2, 4, or 5, the 
  4.17  person may not obtain any game or fish license or permit, 
  4.18  including a duplicate license, until an action is taken under 
  4.19  subdivision 6.  
  4.20     (c) A person may not take wild animals covered by a license 
  4.21  seized under this subdivision until an action is taken under 
  4.22  subdivision 6. 
  4.23     Subd. 2.  [ADMINISTRATIVE REVIEW.] (a) At any time after 
  4.24  the seizure of a license under subdivision 1 and before 
  4.25  revocation under section 97A.421, a person may request in 
  4.26  writing a review of the seizure under this section.  Upon 
  4.27  receiving the request for review, the commissioner shall review 
  4.28  the seizure, the evidence upon which it was based, and other 
  4.29  material information brought to the attention of the 
  4.30  commissioner, and determine whether sufficient cause exists to 
  4.31  sustain the seizure. 
  4.32     (b) Within 15 days after receiving the request for 
  4.33  administrative review, the commissioner shall issue a written 
  4.34  report of the review and shall order that the seizure be either 
  4.35  sustained or rescinded. 
  4.36     (c) The review provided in this subdivision is not subject 
  5.1   to the contested case provisions of the Administrative Procedure 
  5.2   Act under chapter 14.  The availability of administrative review 
  5.3   does not have an effect upon the availability of judicial review 
  5.4   under this section. 
  5.5      Subd. 3.  [JUDICIAL REVIEW.] (a) Within 30 days following 
  5.6   the seizure of a license under subdivision 1, a person may 
  5.7   petition the court for review.  The petition must be filed with 
  5.8   the district court administrator in the county where the 
  5.9   incident occurred, together with proof of service of a copy on 
  5.10  the commissioner and the county attorney.  A responsive pleading 
  5.11  is not required of the commissioner of natural resources, and 
  5.12  court fees may not be charged for the appearance of the 
  5.13  representative of the commissioner in the matter. 
  5.14     (b) The petition must be captioned in the name of the 
  5.15  person making the petition as petitioner and the commissioner as 
  5.16  respondent.  The petition must state specifically the grounds 
  5.17  upon which the petitioner seeks rescission of the license 
  5.18  seizure. 
  5.19     (c) The filing of the petition does not stay the license 
  5.20  seizure.  The judicial review shall be conducted according to 
  5.21  the Rules of Civil Procedure. 
  5.22     Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
  5.23  be before a district court judge in the county where the 
  5.24  incident occurred giving rise to the license seizure.  The 
  5.25  hearing must be to the court and may be conducted at the same 
  5.26  time as hearings upon pretrial motions in a related criminal 
  5.27  prosecution.  The hearing must be recorded.  The commissioner 
  5.28  must be represented by the county attorney. 
  5.29     (b) The hearing must be held at the earliest practicable 
  5.30  date and in any event no later than 60 days following the filing 
  5.31  of the petition for review. 
  5.32     (c) The scope of the hearing must be limited to the issue 
  5.33  of whether the officer had probable cause to believe that the 
  5.34  person violated section 97A.338. 
  5.35     (d) The court shall order that the license seizure be 
  5.36  either sustained or rescinded.  The court shall forward a copy 
  6.1   of the order to the commissioner. 
  6.2      Subd. 5.  [TEMPORARY RELEASE OF COMMERCIAL LICENSES.] At 
  6.3   any time during the period that a game or fish license is seized 
  6.4   under subdivision 1, a person possessing a commercial license 
  6.5   issued under the game and fish laws may make a written request 
  6.6   to the commissioner to temporarily release the commercial 
  6.7   license.  If the commissioner determines that the public welfare 
  6.8   will not be injured, the commissioner may temporarily reinstate 
  6.9   the commercial license if the applicant furnishes a corporate 
  6.10  surety bond in favor of the state for $1,000 for each commercial 
  6.11  license to be released, payable upon violation of the game and 
  6.12  fish laws.  In lieu of a bond, the applicant may pay a temporary 
  6.13  reinstatement fee of $1,000, to be deposited to the game and 
  6.14  fish fund, that is not refundable if the license is revoked 
  6.15  under subdivision 6, paragraph (b). 
  6.16     Subd. 6.  [RELEASE OR REVOCATION OF LICENSES UPON DISMISSAL 
  6.17  OR CONVICTION.] (a) Upon acquittal, dismissal, or determination 
  6.18  not to charge a person for a gross overlimit violation under 
  6.19  section 97A.338, the license seizure under subdivision 1 is 
  6.20  immediately rescinded and any license seized in connection with 
  6.21  the incident must be returned to the licensee. 
  6.22     (b) Upon conviction of a gross overlimit violation under 
  6.23  section 97A.338, revocation of licenses and license privileges 
  6.24  must be imposed as provided under section 97A.421, subdivision 
  6.25  2a. 
  6.26     Sec. 5.  Minnesota Statutes 2000, section 97A.421, is 
  6.27  amended by adding a subdivision to read: 
  6.28     Subd. 2a.  [ISSUANCE OF LICENSE AFTER GROSS OVERLIMIT 
  6.29  CONVICTION.] (a) A person may not obtain a license to take a 
  6.30  wild animal and is prohibited from taking wild animals for a 
  6.31  period of ten years after being convicted of a first degree 
  6.32  overlimit violation under section 97A.338, subdivision 1. 
  6.33     (b) A person may not obtain a license to take a wild animal 
  6.34  and is prohibited from taking wild animals for a period of five 
  6.35  years after being convicted of a second degree overlimit 
  6.36  violation under section 97A.338, subdivision 2. 
  7.1      (c) A person may not obtain the type of license involved in 
  7.2   a third degree overlimit violation under section 97A.338, 
  7.3   subdivision 3, and may not take wild animals covered by the 
  7.4   license for a period of three years after the date of conviction 
  7.5   of the third degree overlimit violation. 
  7.6      (d) Any license revocation imposed under this subdivision 
  7.7   within ten years of one or more previous license revocations 
  7.8   under this subdivision shall be advanced one degree for each 
  7.9   previous license revocation.  The time period of the revocations 
  7.10  shall be consecutive and no wild animals of any kind may be 
  7.11  taken during the entire period. 
  7.12     (e) The court may not stay or reduce the imposition of 
  7.13  license revocation provisions under this subdivision. 
  7.14     Sec. 6.  Minnesota Statutes 2000, section 97A.421, 
  7.15  subdivision 5, is amended to read: 
  7.16     Subd. 5.  [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 
  7.17  AFTER CONVICTION.] If the commissioner determines that the 
  7.18  public welfare will not be injured, the commissioner may 
  7.19  reinstate licenses voided under subdivision 1 and issue licenses 
  7.20  to persons ineligible under subdivision 2 or 2a.  The 
  7.21  commissioner's authority applies only to licenses to:  
  7.22     (1) maintain and operate fur or game farms, aquatic farms, 
  7.23  or private fish hatcheries; 
  7.24     (2) take fish commercially in Lake of the Woods, Rainy 
  7.25  Lake, Namakan Lake, or Lake Superior by commercial netting; 
  7.26     (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 
  7.27  Lake, or Lake Superior commercial fishing licensees listed in 
  7.28  clause (2); and 
  7.29     (4) sell or export turtles or live minnows.  
  7.30     Sec. 7.  Minnesota Statutes 2000, section 97C.505, is 
  7.31  amended by adding a subdivision to read: 
  7.32     Subd. 8.  [POSSESSION FOR MINNOW DEALERS.] When nets and 
  7.33  traps are lawfully set and tended, minnows and incidentally 
  7.34  taken game fish fingerlings not over four inches in length shall 
  7.35  not be considered to be in possession until the minnows or 
  7.36  fingerlings are placed on a motor vehicle or trailer for 
  8.1   transport on land. 
  8.2      Sec. 8.  [RULES FOR RESTITUTION VALUES FOR FISH AND 
  8.3   WILDLIFE.] 
  8.4      The restitution value for a canvasback is $100.  The 
  8.5   restitution value for a trumpeter swan is $1,200.  The base 
  8.6   restitution value for a yellow perch is $10.  The commissioner 
  8.7   of natural resources shall amend the permanent rules relating to 
  8.8   restitution values for fish and wildlife, Minnesota Rules, 
  8.9   chapter 6133, according to this section and pursuant to 
  8.10  Minnesota Statutes, section 14.388, clause (3).  Except as 
  8.11  provided in Minnesota Statutes, section 14.388, section 14.386 
  8.12  does not apply. 
  8.13     Sec. 9.  [EFFECTIVE DATE.] 
  8.14     Sections 1 to 8 are effective August 1, 2001, and the 
  8.15  criminal provisions apply to crimes committed on or after that 
  8.16  date, except that the gross overlimit provisions of the act are 
  8.17  not effective for commercial and aquatic licensees until May 1, 
  8.18  2002.